alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
No. 99-40843 -1-

* Pursuant to 5 TH C IR

. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR

. R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 99-40843 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JULIO CESAR HERNANDEZ-PINEDA, also known as Gustavo Angel Garcia, also known as Joaquin Gutierrez,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. B-98-CR-621-1

-------------------- March 14, 2000

Before JOLLY, JONES, and BENAVIDES, Circuit Judges.

PER CURIAM: *

Julio Cesar Hernandez-Pineda appeals on the sole ground

that the district court did not afford him the right to allocution

before imposing sentence. The Government agrees that the sentence

should be vacated and the case remand ed so that Hernandez-Pineda

may be afforded the right to allocution.

The district court shall, before imposing sentence,

address the defendant personally and ask whether he wishes to make

a statement in his behalf and to present information in mitigation

of sentence. S ee Fed. R. Crim. Proc. 32(a)(1)(C) (West 1999). TheNo. 99-40843 -2-

sentencing court must “leave no room for doubt that the defendant

has been issued a personal invitation to speak prior to

sentencing.” United States v. Echegollen-Barrueta , 195 F.3d 786,

789 (5th Cir. 1999) (internal quotations and citation omitted). We

review the record de novo to determine whether the district court

afforded the defendant the right to allocution; the issue is not

subject to harmless or plain error a nalysis. S ee E chegollenBarrueta , 195 F.3d at 789.

The record demonstrates that the district court did not

comply with Rule 32(a)(1)(C). Accordingly, Hernandez-Pineda’s

sentence is VACATED and the case is REMANDED for resentencing.

VACATED and REMANDED.
GREENBERG
      TRAURIG, LLP

    MetLife
      Building

    200
      Park
      Avenue

    New
      York,
      New York 10166

     

    Spencer
      G. Feldman

    212-801-9221

     

    August
      13, 2008

     

    VIA
      EDGAR

     

    U.S.
      Securities and Exchange Commission

    100
      F.
      Street, N.E.

    Washington,
      D.C. 20549

     

    
      	
            	Re:	
              City
                Language Exchange Incorporated —
                Quarterly
                Report on Form 10-Q for
                the Six Months ended June 30, 2008

            


    

     

    Dear
      Sirs:

     

    On
      behalf
      of City Language Exchange Incorporated, a Delaware corporation, we hereby submit
      in electronic format for filing with the U.S. Securities and Exchange Commission
      pursuant to the Securities Exchange Act of 1934, as amended, and Rule 101(a)
      (1)
      (iii) of Regulation S-T, one copy of City Language Exchange’s Quarterly Report
      on Form 10-Q for the six months ended June 30, 2008.

     

    Please
      address any comments or questions that you may have concerning the Form 10-Q
      to
      Jonny White, City Language Exchange’s President, Chief Executive Officer and
      Chief Financial Officer, or to me.

    
      	 	 	 
	 	 	
              Very
                truly yours,

            
	 
 	 
 	 
 
	
            	
            	
              /s/
                Spencer G. Feldman

            
	 	
              

              Spencer
                G. Feldman

            


    

     

    Encls.

     

    cc: Mr.
      Jonny
      White
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# National flags of the world, September 1997

                - U.S. Government Posters

## Description

                    -           Title        
                    -  National flags of the world, September 1997 
                    -           Creator        
                    -  United States. Central Intelligence Agency. Printing & Photography Group 
                    -           Publisher        
                    -  U.S. Central Intelligence Agency, Office of Support Services, Printing & Photography Group 
                    -           Subject: Time        
                    -  1990-2000 
                    -           Physical Description        
                    -  141 × 59 cm 
                    -           Number of Pages        
                    -  1 
                    -           Host institution        
                    -  University of Iowa. Libraries. Government Publications 
                    -           Digitization Specifications        
                    -  Scanned with Ideal Contex Magnum G600 54 Plus at 300 ppi, 24-bit color. Archival tiff image available. 
                    -           Rights Management        
                    -  This is a work of the U.S. Government and is not subject to copyright protection in the United States. 
                    -           Contact Information        
                    -  Please contact the Government Publications Department at The University of Iowa Libraries: lib-govpub@uiowa.edu 
                    -           Item Type (AAT)        
                    -  Posters 
                    -           Item Type (IMT)        
                    -  jpeg 
                    -           Identifier        
                    -  037978370.jpg 
                    -           OCLC Collection Number        
                    -  429489521 

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                -
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 05-5088

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

ROBERT L. KIRK,

Defendant - Appellant.

Appeal from the United States District Court for the Southern

District of West Virginia, at Charleston. John T. Copenhaver, Jr.,

District Judge. (CR-04-77)

Submitted: April 28, 2006 Decided: May 10, 2006

Before WILKINSON, NIEMEYER, and DUNCAN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Andrew J. Katz, THE KATZ WORKING FAMILIES LAW FIRM, LC, Charleston,

West Virginia, for Appellant. Charles T. Miller, Acting United

States Attorney, W. Chad Noel, Assistant United States Attorney,

Charleston, West Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
- 2 -

PER CURIAM:

Pursuant to a plea agreement, Robert L. Kirk pled guilty

to conspiracy to manufacture and distribute methamphetamine, in

violation of 21 U.S.C. § 846 (2000). At the September 2005

sentencing hearing, the district court sentenced Kirk to fifty-one

months’ imprisonment, at the bottom of the range provided for by

the advisory sentencing guidelines. Kirk does not appeal his

conviction, but he contends the district court imposed an

unreasonable sentence.

After United States v. Booker, 543 U.S. 220 (2005), a

sentencing court is no longer bound by the range prescribed by the

sentencing guidelines. United States v. Green, 436 F.3d 449,

455-56 (4th Cir. 2006); United States v. Hughes, 401 F.3d 540, 546

(4th Cir. 2005). In determining the sentence, however, courts are

still required to calculate and consider the guidelines range as

well as the factors set forth in 18 U.S.C.A. § 3553(a) (West 2000

& Supp. 2005). We will affirm a post-Booker sentence if it is

within the statutorily prescribed range and it is reasonable.

Hughes, 401 F.3d at 546-47. Further, “while we believe that the

appropriate circumstances for imposing a sentence outside the

guideline range will depend on the facts of individual cases, we

have no reason to doubt that most sentences will continue to fall

within the applicable guideline range.” United States v. White,

405 F.3d 208, 219 (4th Cir.), cert. denied, 126 S. Ct. 668 (2005).
- 3 -

“[A] sentence imposed within the properly calculated Guidelines

range . . . is presumptively reasonable.” Green, 436 F.3d at 457

(internal quotation marks and citation omitted).

Kirk’s sentence was within the guideline range and was

well within the statutory maximum of twenty years’ imprisonment.

See 21 U.S.C. §§ 841(b)(1)(C), 846 (2000). The district court

appropriately treated the guidelines as advisory, properly

calculated and considered the guideline range, and weighed the

relevant § 3553(a) factors. Kirk has not rebutted the presumption

that the sentence was reasonable. Accordingly, we affirm the

district court’s judgment. We dispense with oral argument because

the facts and legal contentions are adequately presented in the

materials before the court and argument would not aid the

decisional process.

AFFIRMED
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# America's resources need your help!

                - U.S. Government Posters

## Description

                    -           Title        
                    -  America's resources need your help! 
                    -           Publisher        
                    -  U.S. Department of Agriculture 
                    -           Description        
                    -  Shipping list no.: 87-82-P. 
                    -           Subject: Time        
                    -  1980-1990 
                    -           Subject: Place        
                    -  United States 
                    -           Physical Description        
                    -  156 × 44 cm 
                    -           Number of Pages        
                    -  1 
                    -           Host institution        
                    -  University of Iowa. Libraries. Government Publications 
                    -           Digitization Specifications        
                    -  Scanned with Zeutschel OS 12000 Scanner at 300 ppi, 24-bit color. Archival tiff image available. 
                    -           Rights Management        
                    -  This is a work of the U.S. Government and is not subject to copyright protection in the United States. 
                    -           Contact Information        
                    -  Please contact the Government Publications Department at the University of Iowa Libraries: lib-govpub@uiowa.edu. 
                    -           Item Type (AAT)        
                    -  Posters 
                    -           Item Type (IMT)        
                    -  jpeg 

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                - Web site/page feedback  OR  general suggestions
                -  

                -  
                - 100 Main Library (LIB)
                - 125 West Washington St.
                - Iowa City, IA 52242-1420
                - 319-335-5299 (Service Desk)
                - ©2020  The University of Iowa
                -
Case No. 13,920.

#### The THOMAS A. SCOTT.

TCited in Cartwright v. The Othello. Case No. 2.483. Nowhere reported; opinion not now accessible.)
VACATE the order denying preliminary injunctive relief AND 

REMAND this matter to the district court for further proceedings 

consistent with this order.' 

PARRAGUIRRE, J., concurring: 

For the reasons stated in the SFR Investments Pool 1, LLC v. 

U.S. Bank, N.A., 130 Nev. , 334 P.3d 408 (2014), dissent, I disagree 

that respondent lost its lien priority by virtue of the homeowners 

association's nonjudicial foreclosure sale. I recognize, however, that SFR 

Investments is now the controlling law and, thusly, concur in the 

disposition of this appeal. 

Parraguirre 

cc: Hon. Abbi Silver, District Judge 

Howard Kim & Associates 

Akerman LLP/Las Vegas 

Eighth District Court Clerk 

'The injunction imposed by our March 31, 2014, order is vacated. 

SUPREME COURT 

OF 2 

NEVADA 

(0) 1947A e
```

[104th Congress Public Law 199]
[From the U.S. Government Printing Office]

<DOC>
[DOCID: f:publ199.104]

[[Page 110 STAT. 2419]]

Public Law 104-199
104th Congress

                                 An Act

 
 To define and protect the institution of marriage. <<NOTE:  Sept. 21, 
                         1996 -  [H.R. 3396]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Defense of 
Marriage Act.>> 

SECTION 1. <<NOTE: 1 USC 1 note.>> SHORT TITLE.

    This Act may be cited as the ``Defense of Marriage Act''.

SEC. 2. POWERS RESERVED TO THE STATES.

    (a) In General.--Chapter 115 of title 28, United States Code, is 
amended by adding after section 1738B the following:

``Sec. 1738C. Certain acts, records, and proceedings and the effect 
                        thereof

    ``No State, territory, or possession of the United States, or Indian 
tribe, shall be required to give effect to any public act, record, or 
judicial proceeding of any other State, territory, possession, or tribe 
respecting a relationship between persons of the same sex that is 
treated as a marriage under the laws of such other State, territory, 
possession, or tribe, or a right or claim arising from such 
relationship.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 115 of title 28, United States Code, is amended by inserting 
after the item relating to section 1738B the following new item:

``1738C. Certain acts, records, and proceedings and the effect 
           thereof.''.

SEC. 3. DEFINITION OF MARRIAGE.

    (a) In General.--Chapter 1 of title 1, United States Code, is 
amended by adding at the end the following:

``Sec. 7. Definition of `marriage' and `spouse'

    ``In determining the meaning of any Act of Congress, or of any 
ruling, regulation, or interpretation of the various administrative 
bureaus and agencies of the United States, the word `marriage' means 
only a legal union between one man and one woman as husband and wife, 
and the word `spouse' refers only to a person of the opposite sex who is 
a husband or a wife.''.

[[Page 110 STAT. 2420]]

    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 1 of title 1, United States Code, is amended by inserting after 
the item relating to section 6 the following new item:

``7. Definition of `marriage' and `spouse'.''.

    Approved September 21, 1996.

LEGISLATIVE HISTORY--H.R. 3396:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 104-664 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 142 (1996):
            July 11, 12, considered and passed House.
            Sept. 10, considered and passed Senate.

                                  <all>
```
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Transportation

###### Office of the Secretary 

The following Agreements were filed with the Department of Transportation under the Sections 412 and 414 of the Federal Aviation Act, as amended (49 U.S.C. 1383 and 1384) and procedures governing proceedings to enforce these provisions. Answers may be filed within 21 days after the filing of the application. 

*Docket Number:*                     OST-2007-27825.                 

*Date Filed:*                     April 5, 2007.                 

*Parties:*                     Members of the International Air Transport Association.                 

*Subject:*                     Mail Vote 532—Resolution 010n, TC3 Special Passenger Amending Resolution Between Japan and China (excluding Hong SAR and Macao SAR) (Memo 1076).                           ( print page 19228)    

*Intended effective date:*                     15 April 2007.                 

Barbara J. Hairston, 

Supervisory Docket Officer, Docket Operations, Alternate Federal Register Liaison.

[FR Doc. E7-7246 Filed 4-16-07; 8:45 am] 

BILLING CODE 4910-9X-P
# **EXHIBIT32.2**

# ** **

**CERTIFICATION**

 

Pursuant to 18 U.S.C.Section 1350, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002, the undersigned certifies that (1) this QuarterlyReport of Todhunter International, Inc. (the “Company”) on Form 10-Q for theperiod ended December 31, 2003, as filed with the Securities and ExchangeCommission on the date hereof (this “Report”), fully complies with therequirements of Section 13(a) of the Securities Exchange Act of 1934, asamended, and (2) the information contained in this Report fairly presents, inall material respects, the financial condition of the Company as ofDecember 31, 2003 and its results of operations for the period endedDecember 31, 2003.

 
|                                |   /s/  Ezra Shashoua                   |   |
|-------------------------------------|-------------------------------------------------------|--------|
|                                | Ezra  Shashoua                                        |
|                                | Executive  Vice President and Chief Financial Officer |
|                                |                                                  |
|                                |                                                  |
| Date:   February 12, 2004 |                                                  |

 

----
Case: 2:11-cv-00914-PCE-NMK Doc #: 7 Filed: 07/19/12 Page: 1 of 5  PAGEID #: <pageID>

Case: 2:11-cv-00914-PCE-NMK Doc #: 7 Filed: 07/19/12 Page: 2 of 5  PAGEID #: <pageID>

Case: 2:11-cv-00914-PCE-NMK Doc #: 7 Filed: 07/19/12 Page: 3 of 5  PAGEID #: <pageID>

Case: 2:11-cv-00914-PCE-NMK Doc #: 7 Filed: 07/19/12 Page: 4 of 5  PAGEID #: <pageID>

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    -       - Superintendent of Documents
      - 2015-05-12T12:59:33-0400
      - US GPO, Washington, DC 20401
      - Superintendent of Documents
      - GPO attests that this document has not been altered since it was disseminated by GPO
EXHIBIT 32.2














CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002





In connection with the Quarterly Report of TSR, Inc. (the “Company”) on Form 10-Q for the period ended August 31, 2010 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, John G. Sharkey, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:





1.
The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and





2.
The information contained in the Report fairly presents, in all material respects, the financial condition and result of operations of the Company.





The foregoing certification is incorporated solely for the purposes of complying with the provisions of Section 906 of the Sarbanes-Oxley Act and is not intended to be used for any other purpose.








/s/ John G. Sharkey


Vice President-Finance


and Chief Financial Officer





October 8, 2010
EXHIBIT 33.1





REPORT ON ASSESSMENT OF COMPLIANCE WITH SERVICING CRITERIA


FOR ASSET-BACKED SECURITIES





Entergy Arkansas, Inc. (the “Servicer”), as a party participating in the servicing function under Item 1122 of Regulation AB, hereby reports on its assessment of compliance with the servicing criteria specified in paragraph (d) of Item 1122 of Regulation AB, as follows:





(1) The Servicer is responsible for assessing compliance with the servicing criteria applicable to it. The servicing criteria specified in the following paragraphs of paragraph (d) of Item 1122 of Regulation AB are not applicable to the Servicer based on the activities it performs with respect to asset-backed securities transactions taken as a whole involving the Servicer and that are backed by the same asset type backing the Senior Secured Storm Recovery Bonds: (1)(ii) (outsourcing), (1)(iii) (back-up servicing), (1)(iv) (fidelity bond), 2(iii) (advances or guarantees), (2)(vi) (unissued checks), (4)(iii) (additions, removals or substitutions), 4(v) (records regarding pool assets), (4)(ix) (adjustments to interest rates), (4)(x) (funds held in trust for an obligor), (4)(xi) (payments on behalf of obligors), (4)(xii) (late payment penalties), (4)(xiii) (obligor disbursements), (4)(xv) (external credit enhancement);





(2) The Servicer used the criteria in paragraph (d) of Item 1122 of Regulation AB to assess compliance with the applicable servicing criteria;





(3) The Servicer has determined that it is in compliance with the applicable servicing criteria as of and for the year ending December 31, 2015, which is the period covered by this report on Form 10-K; and





(4) Deloitte & Touche LLP, an independent registered public accounting firm, has issued an attestation report on the Servicer's assessment of compliance with the applicable servicing criteria as of and for the year ended December 31, 2015, which is the period covered by this report on Form 10-K.








Dated: March 29, 2016





Entergy Arkansas, Inc., as servicer





By: /s/ Alyson M. Mount





Name:  Alyson M. Mount


Title:   Senior Vice President and Chief Accounting Officer